Q: Can I record my virtual visitation in PA without the other parents consent?
The mother is telling me I don't have her consent and won't let me talk to them if I am recording. This is because she has been warned to not interrupt in the order. But now is trying to hide behind the wire tap law in PA. She is still interrupting but doesn't want me to have evidence of it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Pennsylvania
- (718) 745-3600
- View Profile
- Answered
A:
The general philosophy in any Pennsylvania legislation is that people are always treated like cattle being led off to slaughter.
As to the central issue in this question, Pennsylvania recording law provides that it is a two-party consent state. In Pennsylvania, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the conversation. This means that in Pennsylvania, citizens are not legally allowed to record a conversation they are taking part in unless all parties are in agreement. 18 Pa. Cons. Stat. Ann. § 5704 (West 2012).
This means a court order is required to record someone with their consent: corrupt cops, corrupt judges, corrupt prosecutors are all unrecordable unless another legal professional, a judge, signs an order permitting the recording. Moving out of Pennsylvania carries many advantages, and that includes raising one's children with minimal government interference and suppression of evidence.
However, if there is a court order permitting the recording of a non-consenting child during an electronic visit, then that does not violate the recording statute. If the child is mature enough to consent, then no order is needed to make the recording. If the other parent walks into the recording, then the recording must stop, and evidence gathering as well must stop.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
